JUDGE ACQUITS DIABETIC MAN RESTAURANT PATRON INNOCENT IN SCUFFLE

A man charged with trespassing and resisting arrest after he began slipping into a diabetic coma in a Fort Lauderdale restaurant was acquitted of the charges on Friday.

Broward County Court Judge Robert S. Zack took one minute to acquit John Flanders of the misdemeanor charges after hearing 1/2 hours of testimony in the non-jury trial.

Flanders' attorneys said they intend to file a complaint with The Florida Bar over the conduct of City Prosecutor Scott Walker and perhaps others in his office and to sue the city over Flanders' arrest.

"(The city) completely ignored what their alleged victims had to say, and we had to call them as witnesses to get at the truth," attorney Bob Delegal said.

Flanders said: "This happens all the time, and most people don't fight back. I'm fighting back."

Walker defended taking the case to trial. "I told them from the beginning that if they could show me proof he had a diabetic reaction, I'd drop the charges. They never did."

Flanders, 46, of Fort Lauderdale, was arrested in March as he sat in a diabetic daze after ordering dinner at Li'l Red's restaurant on State Road 84. Diabetics can suffer an insulin reaction when their blood sugar drops. Eating is one way of snapping out of the lethargic state.

Flanders was arrested and handcuffed by Fort Lauderdale police Officer Michael Debilio, who then rammed Flanders' head into a door, slammed him into a fence outside the eatery and kicked him several times while he was on the ground, two witnesses said.

He suffered abrasions to his face and the back of his right shoulder and several fractured ribs.

A preliminary internal affairs investigation was conducted by Fort Lauderdale police and is pending until Flanders files a complaint, Sgt. Paul Raymond said. No other complaints have been filed against Debilio, who has been a Fort Lauderdale officer for one year, Raymond said.

Debilio said Shing helped him get Flanders out of the restaurant. Debilio said that he and Flanders tripped in the parking lot and that he fell on Flanders, causing his injuries. A waitress also testified she saw the two men become tangled and fall.

Later that night, Debilio said he returned with an affidavit he had completed for Shing to sign in which Shing stated he wanted to prosecute Flanders.

Shing's testimony contradicted Debilio's on several key points. He said he asked Debilio only to check on Flanders' welfare. And he did not help the officer remove Flanders from the restaurant, he testified.

Shing, who speaks broken English, also testified that the affidavit he signed was blank and must have been filled in later by Debilio. He said he did not understand what he was signing.

"I think we had a switch in testimony" by Shing and his brother, who owns Li'l Red's, Walker said after the verdict. Walker said the two changed their stories to protect themselves in the event Flanders sues them.

Within days of Flanders' arrest, Walker's predecessor on the case offered to drop charges if Flanders promised not to sue the city. Attorney Delegal said this "governmental extortion" was proof that the city had no case.

"(Then) they tried to shore up what they knew was an unwinnable case," said Flanders' other lawyer, B.J. Cummins.

Flanders hopes the acquittal will enable him to be admitted to The Florida Bar today. He passed the bar exam but was prevented from becoming a practicing lawyer while his legal case was still open. "I'm sorry it took as long as it did to reach a conclusion," he said.

Meanwhile, Flanders continues to be a regular customer at Li'l Red's. "I was in there (on Friday) morning," he said. "They have good breakfasts."